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20— Alternative dispute resolution ORDER 47 DISTRICT REGISTRIES Rule 1 —Institution of suits in High Court 2—Schedule of District Registries and areas
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10th September, 2010 LEGAL NOTICE No. 151 THE CIVIL PROCEDURE ACT (Cap. 21)
CIVIL PROCEDURE RULES, 2010 RULES UNDER SECTION 81 ARRANGEMENT OF RULES ORDER 1 PARTIES TO SUITS Rule
1 - Who may be joined as plaintiffs. 2 - Power of court to order separate trial. 3 - Who may be joined as defendants. 4 - Court may give judgment for or against one or more of joint parties. 5 - Defendant need not be interested in all relief claimed. 6 - Joinder of parties liable on same contract. 7 - When plaintiff in doubt from whom redress to be sought. 8 - One person may sue or defend on behalf of all in same interest. 9 - Misjoinder and non-joinder. 10 - Substitution and addition of parties. 11 - Government proceedings. 12 - Conduct of suit. 13 - Appearance of one of several plaintiffs or defendants for others. 14 - Practice. 15 - Notice to third and subsequent parties. 16 - Notice to Government as third party. 17 - Default of appearance by third party. 18 - Default of appearance by Government as third party. 19 - Judgment against third party in default. 20 - No judgment against Government without leave of the court. 21 - Judgment after trial against third party in default. 22 - Appearance of third party and directions. 23 - Costs. 24 - Defendant claiming against a co-defendant. 25 - Procedure. ORDER 2 PLEADINGS GENERALLY Rule
1 - Pleadings generally. 2 - Formal requirements. 3 - Facts, not evidence, to be pleaded. 4 - Matters which must be specifically pleaded. 5 - Matter may be pleaded whenever arising. 6 - Departure. 7 - Particulars in defamation actions. 8 - Particulars of evidence in mitigation. 9 - Points of law. 10 - Particulars of pleading. 11 - Admissions and denials. 12 - Denial by joinder of issue. 13 - Close of pleadings. 14 - Technical objection. 15 - Striking out pleadings. 16 - Pleading to be signed. 17 - Proceedings in rem. ORDER 3 FRAME AND INSTITUTION OF SUIT Rule
1 - Commencement of suit and case track allocation. 2 - Documents to accompany suit. 3 - Register of civil suits and filing. 4 - Suit to include the whole of claim. 5 - Joinder of causes of action. 6 - Only certain claims may be joined with a suit for recovery of immovable property. 7 - Claims by or against executor, administrator or heir. 8 - Power of court to order separate trials. 9 - Declaratory judgment. ORDER 4 PLAINT Rule
1 - Particulars of plaint. 2 - Money suits. 3 - Where the subject-matter of the suit is immovable property. 4 - Capacity of parties. 5 - Defendant's interest and liability to be shown. 6 - Statement of relief claimed. 7 - Relief founded on separate grounds. 8 - Copies of plaint. 9 - Return of plaint. ORDER 5 ISSUE AND SERVICE OF SUMMONS Rule
1 - Issue of summons. 2 - Duration and renewal of summons. 3 - Service on a corporation. 4 - Concurrent summons. 5 - Delivery or transmission of summons for service. 6 - Mode of service. 7 - Service on several defendants. 8 - Service to be on defendant in person or on his agent. 9 - Mode of service on the Government. 10 - Service on agent by whom defendant carries on business. 11 - Service on agent in charge in suits for immovable property. 12 - Service on agent or adult. 13 - Person served to sign acknowledgment. 14 - Procedure when defendant refuses to accept service or cannot be found. 15 - Affidavit of service. 16 - Examination of serving officer. 17 - Substituted service. 18 - Service on defendant in prison. 19 - Service on public officers and soldiers. 20 - Duty on person to whom the summons is sent. 21 - Service out of Kenya. 22 - Service of other process out of the jurisdiction. 23 - Service under contract. 24 - Probate and marriage suits. 25 - Application to be supported by evidence. 26 - Order to fix time for entering appearance. 27 - Service where defendant resides out of Kenya. 28 - Notice in lieu of summons. 29 - Service of notice of summons in a foreign country. 30 - Extension of procedure to any order or notice. 31 - Application to Government. SERVICE OF FOREIGN LEGAL PROCESS IN KENYA 32 - Procedure 33 - General powers of the court. 34 - Request for service from foreign country. ORDER 6 APPEARANCE OF PARTIES Rule
1 - Time for appearance. 2 - Mode of appearance. 3 - Defendant's address for service. 4 - Memorandum irregular, address fictitious. 5 - Defendants appearing by same advocate. 6 - Delivery of documents to address for service. ORDER 7 DEFENCE AND COUNTERCLAIM Rule
1 - Defence. 2 - Defence of tender. 3 - Set-off and counterclaim. 4 - Set-off or counterclaim in proceedings by Government. 5 - Documents to accompany defence or counterclaim. 6 - Persons in representative capacity. 7 - Pleading a counterclaim. 8 - Title of counterclaim. 9 - Claim against person not party. 10 - Appearance by added parties. 11 - Reply to counterclaim. 12 - Exclusion of counterclaim. 13 - Discontinuance, stay or dismissal of suit. 14 - Judgment for balance. 15 - Defence or set-off founded on separate grounds. 16 - New ground of defence. 17 - Subsequent pleadings. 18 - Filing subsequent pleadings. 19 - Register of documents. 20 - Service of documents. ORDER 8 AMENDMENT OF PLEADINGS Rule
1 - Amendment of pleading without leave. 2 - Application for disallowance of amendment. 3 - Amendment of pleading with leave. 4 - Amendment of originating process. 5 - General power to amend. 6 - Failure to amend after order. 7 - Mode of amendment. 8 - Procedure. ORDER 9 RECOGNIZED AGENTS AND ADVOCATES Rule
1 - Applications, appearance or acts in person, by recognized agent or by advocate. 2 - Recognized agents. 3 - Service of process on recognized agent. 4 - Agent to accept service. 5 - Change of advocate. 6 - Service of notice of change of advocate. 7 - Notice of appointment of advocate. 8 - Notice of intention to act in person. 9 - Change to be effected by order of court or consent of parties. 10 - Procedure. 11 - Power to act in person or through new advocate. 12 - Removal of advocate from record at instance of another party. 13 - Withdrawal of advocate who has ceased to act for a party. ORDER 10 CONSEQUENCE OF NON-APPEARANCE, DEFAULT OF DEFENCE AND FAILURE TO SERVE Rule
1 - Suits against infants and persons of unsound mind. 2 - Affidavit of service upon non-appearance. 3 - Failure to serve 4 - Judgment upon a liquidated demand. 5 - Liquidated demand against several defendants. 6 - Interlocutory judgment. 7 - Interlocutory judgment where several defendants. 8 - Judgment in default against the Government. 9 - General rule where no appearance entered. 10 - Default of defence. 11 - Setting aside judgment. ORDER 11 PRE-TRIAL DIRECTIONS AND CONFERENCES Rule
1 - Application 2 - Pre-trial questionnaire 3 - Case conference 4 - Case conference order 5 - Settlement conference order 6 - Trial conference questionnaire 7 - Trial conference 8 - Trial conference order 9 - Case managers. ORDER 12 HEARING AND CONSEQUENCE OF NON-ATTENDANCE Rule
1 - When neither party attends. 2 - When only plaintiff attends. 3 - When only defendant attends. 4 - When some only of plaintiffs attend. 5 - When some only of defendants attend. 6 - Effect of dismissal. 7 - Setting aside judgment or dismissal. ORDER 13 ADMISSIONS Rule
1 - Notice of admission of case. 2 - Judgment on admissions. ORDER 14 PRODUCTION, IMPOUNDING AND RETURN OF DOCUMENTS Rule
1 - Endorsements on documents admitted in evidence. 2 - Endorsements on copies of admitted entries in books, accounts, and records. 3 - Record of admitted and return of rejected documents. 4 - Court may order any document to be impounded. 5 - Return of admitted documents. 6 - Court may send for records of its own or of other court. 7 - Provisions as to documents applied to material objects. ORDER 15 ISSUES Rule
1 - Framing of issues. 2 - Materials from which issues may be framed. ORDER 16 SUMMONING AND ATTENDANCE OF WITNESSES Rule
1 - Summons to attend to give evidence or produce documents. 2 - Expenses of witnesses to be paid into court on applying for summons.
3 - Tender of expenses or notification of sum lodged. 4 - Procedure where insufficient sum paid in. Expenses of witnesses detained more than one day.
5 - Time, place, and purpose of attendance to be specified in summons. 6 - Summons to produce documents. 7 - Power to require persons present in court to give evidence or produce document. 8 - Summons, how served. 9 - Time for serving summons. 10 - Procedure where witness fails to comply with summons. 11 - If witness appears, attachment may be withdrawn. 12 - Procedure if witness fails to appear. 13 - Mode of attachment. 14 - Duty of persons summoned to give evidence or produce document. 15 - When summoned persons may depart. 16 - Application of rules 10 to 13. 17 - Procedure where witness apprehended cannot give evidence or produce document. 18 - Consequence of refusal of a party to give evidence when called on by the court. 19 - Rules as to witnesses to apply to parties summoned. ORDER 17 PROSECUTION OF SUITS Rule
1 - Hearing to be from day to day. 2 - Notice to show cause why suit should not be dismissed. 3 - Procedure if parties fail to appear on day fixed. 4 - Court may proceed notwithstanding either party fails to produce evidence. ORDER 18 HEARING OF THE SUIT AND EXAMINATION OF WITNESSES Rule
1 - Right to begin. 2 - Statement and production of evidence. 3 - Witnesses to be examined in open court. 4 - How evidence to be recorded. 5 - Any particular question and answer may be taken down. 6 - Questions objected to and allowed by court. 7 - Remarks on demeanour of witness. 8 - Power to deal with evidence taken before another judge. 9 - Power to examine witness immediately. 10 - Court may recall and examine witness. 11 - Power of court to inspect. ORDER 19 AFFIDAVITS Rule
1 - Power to order any point to be proved by affidavit. 2 - Power to order attendance of deponent for cross-examination. 3 - Matters to which affidavits shall be confined. 4 - Deponent's particulars. 5 - Manner of drawing affidavit. 6 - Striking out matter. 7 - Irregularity in form of affidavit. 8 - Affidavit sworn before suit filed. 9 - Procedure. ORDER 20 APPLICATION FOR AN ACCOUNT Rule
1 - Order for accounts. 2 - Order for accounts on counterclaim. 3 - Procedure. 4 - Orders by court. ORDER 21 JUDGMENT AND DECREE Rule
1 - Judgment when pronounced. 2 - Power to pronounce judgment written by another judge. 3 - Judgment to be signed. 4 - Contents of judgment. 5 - Court to state its decision on each issue. 6 - Judgment affecting registered title to land. 7 - Contents of decree. 8 - Preparation and dating of decrees and orders. 9 - Costs. 10 - Decree for recovery of immovable property. 11 - Decree for delivery of movable property. 12 - Decree may direct payment by installments. 13 - Decree for possession and mesne profits. 14 - Decree in administration suit. 15 - Decree in suit for dissolution of partnership. 16 - Decree in suit for account between principal and agent. 17 - Special directions as to accounts. 18 - Decree in suit for partition of property or separate possession of a share. 19 - Decree where set-off is allowed. 20 - Certified copies of judgment and decree to be furnished. ORDER 22 EXECUTION OF DECREES AND ORDERS Rule
1 - Modes of paying money under decree. 2 - Payment out of court to decree-holder. 3 - Lands situate in more than one jurisdiction. 4 - Procedure where court desires that its own decree shall be executed by another court. 5 - Court receiving copies of decree to file same without proof. 6 - Application for execution. 7 - Oral and written applications. 8 - Application for attachment of movable property not in judgment debtor's possession. 9 - Application for attachment of immovable property to contain certain particulars. 10 - Power to require certified extract from Land Registries in certain cases. 11 - Application for execution by joint decree-holder. 12 - Application for execution by transferee of decree. 13 - Procedure on receiving an application for execution of decree. 14 - Execution in case of cross-decrees. 15 - Execution in case of cross-claims under same decree. 16 - Cross-decrees and cross-claims in mortgage suits. 17 - Simultaneous execution. 18 - Notice to show cause against execution in certain cases. 19 - Procedure after issue of notice. 20 - Process for execution. 21 - Endorsement on process. 22 - When court may stay execution. 23 - Liability of judgment-debtor discharged. 24 - Order of court which passed decree or of appellate court to be binding upon court applied to.
25 - Stay of execution pending suit between decree-holder and judgment-debtor.
26 - Decree for payment of money. 27 - Decree for specific movable property. 28 - Decree for specific performance, or for an injunction. 29 - Decree for immovable property. 30 - Decree for delivery of immovable property when in occupancy of tenant. 31 - Discretionary power to permit judgment-debtor to show cause against detention in prison.
32 - Warrant for arrest to direct judgment-debtor to be brought up. 33 - Subsistence allowance. 34 - Proceedings on appearance of judgment-debtor in obedience to notice or after arrest.
35 - Examination of judgment-debtor as to his property. 36 - Attachment in case of decree for rent, or mesne profits, or other matter. 37 - Attachment of movable property other than agricultural produce, in possession of judgment-debtor.
38 - Attachment of agricultural produce. 39 - Provisions as to agricultural produce under attachment. 40 - Attachment of share and other property not in possession of judgment-debtor.
41 - Attachment of share in movables. 42 - Attachment of salary or allowance. 43 - Attachment of partnership property. 44 - Execution of decree against firm. 45 - Attachment of negotiable instrument. 46 - Attachment of property in custody of court. 47 - Attachment of decree. 48 - Attachment of immovable property. 49 - Removal of attachment after satisfaction of decree. 50 - Determination of attachment. 51 - Objection to attachment. 52 - Stay of execution. 53 - Raising of attachment. 54 - Notice of intention to proceed. 55 - Power to order property attached to be sold and proceeds to be paid to person entitled.
56 - Sale, by whom conducted and how made. 57 - Notification of sale by public auction. 58 - Time of sale. 59 - Adjournment or stoppage of sale. 60 - Defaulting purchaser answerable for loss on re-sale. 61 - Decree-holder not to bid for or buy property without permission. 62 - Restriction on bidding or purchase by officers. 63 - Negotiable instruments and shares in corporations. 64 - Sale by public auction. 65 - Irregularity not to vitiate sale, but any person injured may sue. 66 - Delivery of movable property, debts and shares. 67 - Vesting order in case of other property. 68 - Sale of immovable property. 69 - Deposit by purchaser and re-sale on default. 70 - Payment of purchase-money. 71 - Procedure in default of payment. 72 - Notification on re-sale. 73 - Bid of co-sharer to have preference. 74 - Application to set aside sale on deposit. 75 - Application to set aside sale on ground of irregularity or fraud. 76 - Application by purchaser to set aside sale on ground of judgment- debtor having no saleable interest.
77 - Sale, when to become absolute or be set aside. 78 - Return of purchase-money in certain cases. 79 - Certificate to purchaser. 80 - Delivery of property in occupancy of judgment-debtor. 81 - Delivery of property in occupancy of tenant. 82 - Resistance or obstruction to possession of immovable property. 83 - Resistance or obstruction by judgment-debtor. 84 - Resistance or obstruction by bona fide claimant. 85 - Rules not applicable to transfer pendente lite. 86 - Order conclusive subject to regular suit. ORDER 23 ATTACHMENT OF DEBTS Rule
1 - Order for the attachment of debts. 2 - Attachment of deposits. 3 - Effect of garnishee order. 4 - Execution against garnishee. 5 - Trial of liability of garnishee. 6 - Claim of third person. 7 - Trial of claim of third person. 8 - Payment by or execution on the garnishee is a valid discharge. 9 - Record of proceedings. 10 - Costs of proceedings. ORDER 24 DEATH AND BANKRUPTCY OF PARTIES Rule
1 - No abatement by party's death if right survives. 2 - Procedure where one of several plaintiffs or defendants dies and right to sue survives.
3 - Procedure in case of death of one of several plaintiffs or of sole plaintiff.
4 - Procedure in case of death of one of several defendants or of sole defendant. 5 - Determination of question as to legal representative. 6 - When plaintiff's bankruptcy bars suit. 7 - Effect of abatement or dismissal. 8 - Procedure in case of assignment before final order in suit. 9 - Application of Order to appeals. 10 - Application of Order to execution proceedings. ORDER 25 WITHDRAWAL, DISCONTINUANCE AND ADJUSTMENT OF SUITS Rule
1 - Withdrawal by plaintiff. 2 - Discontinuance. 3 - Costs. 4 - Stay of subsequent suit. 5 - Compromise of a suit. ORDER 26 SECURITY FOR COSTS Rule
1 - Security for costs. 2 - Application before defence. 3 - Where two or more defendants. 4 - Claims by non-resident plaintiff. 5 - Effect of failure to give security. 6 - Investment of security. ORDER 27 PAYMENT INTO COURT AND TENDER Rule
1 - Payment into court. 2 - Acceptance of payment. 3 - Money remaining in court. 4 - Payment into court where several defendants. 5 - Payment into court on a counterclaim. 6 - Confidentiality of payments into court. 7 - Register of payments to be kept. 8 - Investment of payment. 9 - Money paid in under order. 10 - Moneys recovered by infants or persons of unsound mind. ORDER 28 COMMISSION AND REFERENCES Rule
1 - Cases in which court may issue commission to examine witnesses. 2 - Where witness resides within court's jurisdiction. 3 - Persons for whose examination commission may issue. 4 - Request to examine witness abroad. 5 - Court to examine witness pursuant to commission. quotesdbs_dbs20.pdfusesText_26
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